Cataldo v. E. I. Du Pont De Nemours & Co.
District Court, S.D. New York
1Opinion of the Court
HERLANDS, District Judge:
Plaintiff has moved for an order (1) granting him leave to amend his complaint, pursuant to Fed.R.Civ.P. 15(a), and (2) granting him a trial by jury of his “cause of action” based on negligence, pursuant to Fed.R.Civ.P. 39(b). Defendant E. I. Du Pont De Nemours & Co. [hereinafter “Du Pont”] has cross-moved for an order, pursuant to Fed.R. Civ.P. 38(d), striking plaintiff’s jury demand from his proposed second amended complaint.
On March 16, 1965, plaintiff filed a complaint which, demanding damages from both defendants, alleged that he had been injured by the explosion…
2Cases cited21 opinions
- Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
- Bereslavsky v. CaffeyCourt of Appeals for the Second Circuit · 1947
- Bereslavsky v. KloebCourt of Appeals for the Sixth Circuit · 1947
- Connecticut General Life Insurance Company v. M. Patricia BreslinCourt of Appeals for the Fifth Circuit · 1964
- Swofford v. B & W, Inc.District Court, S.D. Texas · 1963
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- Rosen v. DickCourt of Appeals for the Second Circuit · 1980
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- Reefer Express Lines v. Arkwright-Boston Manufacturers InsuranceDistrict Court, S.D. New York · 1980
- Virgin Air, Inc. v. Virgin Atlantic Airways, Ltd.District Court, S.D. New York · 1992
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